Florida East Coast Railway Co. v. Osborne

This is an asbestosis case. The question is whether, during the period 1945-63, the Florida East Coast Railway (FEC) knew, or should have known, that exposing employees to asbestos dust in the workplace created a risk that they would contract asbestosis, a serious, progressive, and incurable disease.

The plaintiff introduced ample evidence that the FEC should have known just that. By holding to the contrary, the majority opinion views the record in the light most favorable to the wrong party.

I

Plaintiff John W. Osborne brought this lawsuit against the FEC under the Federal Employer’s Liability…